Barry McCabe v. Fairfax County, Virginia, et al.
Do animal "adoption " laws conflict with the
Constitution 's Contract Clause and the general
principles of contracting?
2. Did the court flout this Court 's standard in
Iqbal/Twombly when they dismissed several of
McCabe 's claims?
3. Did the court misapply statutory procedures that
are reserved for county procurement contract claims,
to prevent McCabe from asserting contract claims
against Fairfax County?
4. This Court has ruled that counties, when acting as
arms of the state, are not entitled to absolute
immunity ("sovereign immunity ") from tort claims
when engaged in proprietary and commercial
functions. The commercial importation and resale of
a violent pit bull is not a protected government
function. Did the Virginia courts violate this Court 's
precedent when they dismissed all tort claims against
Fairfax County?
5. The Fairfax County Animal Shelter ("FCAS "), who
sold a violent pit bull dog, is an instrumentality of
Fairfax County. The court asserted that FCAS was a
non sui juris entity and thus, was not capable of being
sued, and dismissed all contract and tort claims
against FCAS. Did the courts violate the general
principles of contracting and the Uniform Commercial
Code ("UCC ") when they dismissed all claims against
FCAS?
6. This Court has ruled that legislative immunity is
not applicable to activities pertaining to employee
hiring, discipling and firing. Did the Virginia courts
violate this Court 's precedent and flout statutory law
when they dismissed the gross negligence claim
against the Fairfax County Board of Supervisors
("BOS ")?
7. Did the Virginia courts flout state law and create
friction between the states when they dismissed all
UCC claims against all respondents?
8. This Court has defined specific standards needed to
assert a "failure to warn" product liability claim.
Virginia has no statutory product liability laws. Did
the court abuse its discretion when it dismissed the
product liability claim based on a theory McCabe did
not allege?
Do animal 'adoption' laws conflict with the Constitution's Contract Clause and the general principles of contracting?